Death-row inmate aims for retrial

Tuesday, April 9, 1996 | 11:59 a.m.

CARSON CITY -- Jimmy Kirksey, sentenced to death after pleading guilty to the 1988 killing of a Las Vegas pimp, told his attorney initially he didn't want any defense.

But Kirksey, now trying to avoid the death sentence, claims his lawyer did not perform adequately and he should get another penalty hearing.

The Clark County district attorney's office counters that Kirksey received every opportunity and he deserves his punishment.

The Nevada Supreme Court heard arguments Monday and will rule later.

Kirksey pleaded guilty to the beating death of Michael Foxx, a pimp, in a Las Vegas motel room. He also told of killing other people in California. He wrote a judge a letter saying he had no remorse and if he had the power, he would bring the victims back to life so he could kill them again.

Defense lawyer Patricia Erickson told the court that Kirksey's first lawyer was ineffective. She said attorney George Kelesis of Las Vegas did nothing but read over discovery documents given to him by the district attorney's office.

She said Kelesis failed to conduct interviews of co-defendants, perform other investigations and look into Kirksey's cocaine use. She said the drug use could have been used to show that premeditation was impossible in this killing.

When Kirksey didn't get any help from his lawyer, he didn't have any "basis on which to make an informed judgment," Erickson said.

But Deputy District Attorney Steve Hill argued that Kirksey had confessed to five different investigators and there was nothing to show these admissions were coerced. Kirksey first confessed in California.

"He (Kirksey) wanted to be in Nevada where he could get lethal injection," Hill said.

"The lawyer (Kelesis) did the best with what he had. Zip is what he had."

Kirksey told Kelesis he did not want any defense at his trial. On the eve of the trial, he pleaded guilty to murder without any plea bargain. He also told Kelesis he did not want any mitigating circumstances presented at his penalty hearing.

Evidence presented at the penalty hearing tied Kirksey to the shotgun murder of a bar owner; the beating and stabbing death of his estranged girlfriend; the robbery and attempted killing of a pizza delivery man; and the robbery and beating of an elderly couple, all in California.

A three-judge panel sentenced him to death. He sought to forego the automatic appeal to the Nevada Supreme Court. The court, after reviewing the case, upheld the sentence.

Kirksey then appealed once through the federal system and lost. This is his second appearance before the state Supreme Court.